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Supreme Court Reinstates Conviction in Cheque Dishonour Case, Modifies Sentence to Fine. Presumption Under Section 139 NI Act Favours Complainant Unless Rebutted by Probable Defence – High Court’s Acquittal Overturned

Presumption of Legally Enforceable Debt (Sections 118 & 139 NI Act): The Supreme Court reiterated that once the complainant proves the cheque...

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Contractual Bar on Pendente Lite Interest: Strict Construction Required Under Arbitration Act, 1940. Supreme Court Upholds Arbitrator’s Power to Award Interest Unless Expressly Barred in Contract

Arbitration Act1940 Act: Arbitrator has inherent power to award pendente lite interest unless expressly barred by contract (Para 8, 10). Strict Co...

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Supreme Court Upholds Kerala High Court’s Decision: Syrang’s Licence Holder Ineligible for Lascar Post. Statutory Qualifications Prevail Over Higher Competency – Non-Joinder of Necessary Party Fatal to Appellant’s Case.

Essential Qualifications: Statutory rules prescribing specific qualifications cannot be diluted by executive interpretation (Paras 20–22). Equality ...

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Supreme Court Quashes FIR in Cheating Case, Distinguishes Between Civil Breach and Criminal Cheating. Business Setbacks Do Not Automatically Imply Criminal Intent – SC

Civil Dispute vs. Criminal Cheating: The Supreme Court reiterated that mere breach of contract or failure to repay dues due to business losses does n...

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Supreme Court Upholds Conviction Under Section 302 IPC in Land Dispute Homicide Case. Premeditation and Use of Deadly Weapons Establish Murder – Appeal Dismissed

Premeditation and Intent: Armed trespass and targeting a vital body part (head) with deadly weapons conclusively proved murder under Section 302 IPC (...

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Supreme Court Upholds Commercial Wisdom of CoC in DHFL Insolvency, Sets Aside NCLAT’s Interference in Resolution Plan. Recoveries from Avoidance Applications Under Section 66 IBC to Benefit SRA; FD Holders’ Claims Dismissed

Commercial Wisdom of CoC – The Supreme Court reaffirmed the paramount status of the Committee of Creditors’ (CoC) commercial wisdom in approving ...